HomeMy WebLinkAboutCotuit Street 117 DOA Negative Determination - Permits - 117 COTUIT STREET 7/23/2025 u i
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CONSERVATION EP R
Community Development Division
NEGATIVE #3 DETERIVIINATION OF APPLICABILITY
FINDINGS SPECIAL CONDITIONS
117 Cotuit Street, North Andover
At the July 23, 2025 public hearing, the No. d-1 Andover C nse-\Tation Commission (NACC) JToted to issue
a NegatijTe #3 Determination cifApplicability for the installation of an 18-foot round 524nch :high abov-e-
g ou.nd pool with a cartridge st yle filter s 7stern. and a 17'x14'patio within the Buffet' Zane to an.
intermittent stream and Bordering Vegetated Wetland (BVW). All proposed work is outside of d-le 25'
No-Disturbance Zane and 5 'Noy-I wild zone. The project will conform to the following:
Applicant/H ot-ne ownev Tanya Coletti
1.17 Cotult Street
North Andover,1\/IA 0 1845
Record D cut n.ents Request for Determination of Applicability Forin 1 and supporting
materials, received:July 8, 2025
North Andover apGeo GIS Aerial Photo displaying scope of work and
wetland measurements.
SPECIAL CONDITIONS:
1. Erasion controls (EC), consisting of '5 feet of 8" straw wattle, shall be installed prior to construction,
with instruction by :..onserNTat-ton staff.
2. Applicant shall schedule a pre-construction site visit with staff and the:honaeow er to review installed
erasion controls and review scope of work.
3. Any changes to the scope of work must be rely ewed with the Conservation Department prior to
iti.p l e:gin.e n to t. n.
. applicant shall schedule a post-construction site visit with staff to verify stabilizedconditions for
erosion control rennolTat
t O Osgood Stet,Suite 2035,North Andover,IMassachusett 1845
Phone 978.688.9530 Fax 978.688.9542
Wet): lictp://vxv\ .t ,\° ii fii tlieind ve . am/Pages/NA c dove t C e tion/index
Massachusetts Department of Environmental Protection
Bureau of Water Resources - Wetlands
WPA Form 2 — Determination of Applicability
North Andover
Massachusetts Wetlands Protection Act M.G.L. c. 131, §4o Municip—ality—
A. General Information
Important*
When filling out From:
forms on,the
computer, u,s,e only North Andover
the tab key to move Conservation Commission
your cursor-do,not
use the return key. To: Applicant Property Owner(if different from applicant):
Tanya Coletti
Name Name
117 C it Street
Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip,Code
(781),606-1745
Phone Number Phone Number
tanya,rus,so@gmail.com
Email Address Email Address(if known)
1. Project Location:
117 Cot,uit Street -North Andover
Street Address City/Town
How to find Latitude ndLonniftlrip 42,67840 �771.12900
Latitude(Decimal Degrees Format with 5 digits after Longitude(Decimal Degrees Format with 5 digits after
decimal e.g.XX.XXXXX) decimal e.g.-XX.XXXXX)
and how to convert to Map 23 Lot,51
decirnal_qpAree�
Assessors Map/Plat Dumber Parcel/Lot Number
2. Date Request Filed:
July 811 21025
B. Determi nation
Pursuant to the authority of M.G.L. c. 131,, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the
following Determination.
Project Description (if applicable):
18'x512" saltwater above,ground pool'. Some digging of lawn will be necessary to level area where
i
* ll a GFC1 outlet s*x feet away from 'X1
pololl. 171,pool 'is to be located. A certified electrician willinstall raised patio us,ing concrete pavers, next to existing back deck. No equipment will be used, all
digging to be done by hand. All work is greater than 50 feet from BVW and intermittent stream.
...........
Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Aerial reap withpropolsed work and wetland measuremenits 7-8-25
Title Date
RDA with supporting materials' 7-8-25
Title Date
.......... ......... .......
Title Date
wpaform2.doc rev.4/12/2023 1PA Form 2—Determination of Applicability-Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Water Resources - Wetlands
WPA Fo,rm 2 — Determil nation of Applicability North Andover
Massachusetts Wetlands Protection Act M.G.L,. c. 131, §40 Municip a-lify.................
B. Determination (cont.)
The following Determinatioln(s) is/are applicable to the proposed site and/or,project relative to the
Wetlands Protection Act and regulations,.
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent): has been
received from the issuing authority(i.e., Conservation Commission or the Department of Environmental
Protection)l.
El 1. The area described on the referenced plan(s) is an,area subject to jurisdiction under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
El 2a. The boundary delineations of the following resource areas described on,the referenced plan(s)
are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination
are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations
regarding such boundaries for as long as this Determination is:valid.
E 2b. The boundaries of Wetlands Resource Area(s) and Buffer Zone(s) listed below are not
confirmed by this Determination, regardless of whether,such,, boundaries are contained on the
plans attached to this Determination or to the Request for Determination.
....................
El 3. The work described on referenced plan(s) and document(s) is within an area subject to
jurisdiction under the Act and will remove, fill', dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
El 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to jurisdiction under the Act. Therefore, said work requires,the filing of a
Notice of Intent
El 5. The area and/or work described on referenced plans) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw':
Name Ordinance oir Bylaw Citation
wpaform2,d'oc-rev.4/12/2023 WPA Form 2—Determination,of Applicability-Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Water Resources - Wetlands
is
WPA Form 2 — Determination of Applicability North Andover
Massachusetts Wetlands Protection, Act M.G.L. c. 131 1 §40 Municipality
B. Determination (cont.)
EJ 6. The following area and/or work, if any, is subject to, a municipal ordinance or bylaw but not
subject to,the Massachusetts Wetlands Protection Act:
F-1 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and' documents), which includes all or part of the work described in, the Request, the applicant
must consider the following alternatives. (Refer to the wetland' regulations at 10. )(c) 2. for
more information,, about the scope of alternatives requirements):
E] Alternatives limited to the lot on which the project is located.
El Alternatives limited' to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be,obtained within
the municipality.
E] Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetland's Protection Act is required by the applicant. However, if
the Department is, requested to issue a Superseding Determination of Applicability, work may not
proceed on this project unless the Department fails to act on such request within 35 days of the
date the request is post-marked for certified mail or hand delivered to the Department. Work may
then proceed at the owner's risk only upon notice to the, Department and to the Conservation
Commission. Requirements for requests for Superseding Determinations are listed at the end of
this document.
El 1. The area described in the Request is not an area subject to jurisdiction under the Act or the
Buffer Zone.
El 2. The work described in the Request is within an area subject to jurisdiction under the Act, but
will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of
a Notice of Intent.
3. The work described in the Request is within the Buffer Zone, as defined in the regulations,
but will not alter an Area subject to jurisdiction under the Act. Therefore, said work does not
require the filing of a Notice of Intent, subject to the following conditions (if any).
Install erosion controls, hold pre-construction meeting, any changes to plan must be reviewed,
schedule post construction inspeciton. See attached for more details.'
El 4. The work described in the Request is not within an Area subject to jurisdiction under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to jurisdiction under the Act,
wpaform2,doc-rev.4/12/2023 WPA Form 2—Determination of Applicability-Page 3 of 5
Massachusetts Department of' Envi ron mental Prot ect"ion
Bureau of Water Resources - Wetlands
a
WPA Form 2 ,-- Determination of Applicability North Andover
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality
B. Determination (cont.)
5. The area described in the Request is subject to jurisdiction under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act
and the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statutory/regulatory provisions,)
6. The area and/or work described in the Request is not subject to additional review and approval
by:
Name of Municipality
Pursuant to a municipal wetlands' ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
El By hand delivery on By certified mail', return receipt request on
Date Date
9589 071O 5270 2926 7867 13
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Certified Mail Number
A copy of this Determination has been sent on the same date, considered the date of issuance, to the
appropriate DEP Regional Office and the property owner if not the applicant) i'n the manner as follows:
DEP
El By eDEP D,OA Submittal Platform (Attach this form and supporting documents)
By US,PS mail E:1 By hand delivery
Date Date
Property Owner(if not applicant)
El By mail [ ] By hand delivery
Date Date
wpaform2.doc-rev,4/12/2023 WPA Form 2--Determination of Applicability-Page 4 of 5
Massachusetts Department of' Environmental Prot,ecti"on
Bureau of Water Resources - Wetlands
WPA Form 2 — Determination of Applicability North Andover
...........--
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality
C. Authorization (cont.)
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans,which are valid for the duration of the Plan). This, Determination does
not relieve the applicant from complyingi,with all other applicable federal, state, or local statutes,
ordinances, bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. As noted above, a
i
copy must be sent to the appropriate DEP Regional Office (see https://www.mass.gov/service-
details/massde,p,-,regional-offices-b,y-communitv) and the property owner(if different from the applicant)
on the same date that the Applicant is issued this Determination.
Issuing Authority
Signatures:
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Printed Narne
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Signature,""I'-', Printed Name
Sign Pr ,end me
Sign to Prin,te Name
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Sida t u-re Printed Name
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Pr ted Name
Signat f,,
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Sign tu Printed Name
D. Appeals
The applicant, olwner,, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land
is located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see -office§:b,
y-
commuoity) to issue a Superseding Determination of Applicability. The request must be made by
certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal
Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310, CMR 10.03(7)
within ten business days from the date of issuance of this Determination. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to
the Determination which is being appealed. To the extent that the Determination is based on a
municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the
Department of Environmental Protection has no appellate jurisdiction.
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